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How to avoid a real estate partnership dispute

Investing in real estate development requires large sums of money, so there is a high chance that you need to find one or more partners to raise the necessary funding. A good partner can do much more than provide capital. They can provide skills, knowledge and experience in areas you lack, making your business a more formidable proposition than if you run it alone. However, whenever one or more people get together to make decisions, there is the potential for conflict. Planning is key to preventing partnership disputes Assuming you are a match made in heaven is foolish. It is safer to presume that you and your business partner will eventually fall out. It may be over minor issues, or it may be over major ones, yet assuming you will not always agree allows you to provision for when you do not. Failing to plan and waiting until you have a partnership dispute will leave you in a weakened position if they do. Here are a few things to consider when drafting your initial contract to work together: Ensure an uneven balance of power: When one of you holds a majority share, you avoid decision-making stalemates. Stipulate how disputes will be resolved: You could stipulate using arbitration to avoid unnecessary conflict and cost when you cannot resolve disputes alone. Have a plan for an ending: Things do not need to go wrong for a partnership to end; there are many reasons you may wish to terminate your relationship. Consider how you will calculate pricing and whether the remaining partner has the first right of refusal. Your partnership contract is the basis on which your success will depend. Take time to ensure it provides the protection you need.

How should you structure your investment group?

Part of establishing your investment group may include choosing a business structure type. Among the options available, you may strongly consider choosing to form as a partnership or as a limited liability company. Understanding some of the advantages and downsides of structuring as a partnership or as an LLC may help your investment group choose the right formation type. Structuring as a partnership If your investment group has more than two members, you may choose to structure it as a partnership. According to the Small Business Administration, structuring as a partnership may benefit professional groups such as yours, as well as those who want to test their businesses before formally structuring. You may structure as a limited liability partnership, which protects you and other group members from debts against the partnership. Alternatively, you may choose to structure as a limited partnership. In a limited partnership, a general partner has unlimited liability for the business’s debts, while the other partners have limited liability protection. Structuring as an LLC You may also consider forming an LLC for your investment group. With this structure type, you may not face corporate taxes. Rather, your group’s profits and losses pass through to your and the other members’ personal income. As a member, or owner, of an LLC, you have limited liability protection. Therefore, your personal assets remain separate from your business assets, and you may not risk losing personal property such as your home or vehicle in the event your LLC faces lawsuits or must file for bankruptcy. Ultimately, you and the other members of your investment group must consider your current circumstances, as well as your future plans to choose the structure type most suited for your needs.

How should you structure your investment group?

Part of establishing your investment group may include choosing a business structure type. Among the options available, you may strongly consider choosing to form as a partnership or as a limited liability company. Understanding some of the advantages and downsides of structuring as a partnership or as an LLC may help your investment group choose the right formation type. Structuring as a partnership If your investment group has more than two members, you may choose to structure it as a partnership. According to the Small Business Administration, structuring as a partnership may benefit professional groups such as yours, as well as those who want to test their businesses before formally structuring. You may structure as a limited liability partnership, which protects you and other group members from debts against the partnership. Alternatively, you may choose to structure as a limited partnership. In a limited partnership, a general partner has unlimited liability for the business’s debts, while the other partners have limited liability protection. Structuring as an LLC You may also consider forming an LLC for your investment group. With this structure type, you may not face corporate taxes. Rather, your group’s profits and losses pass through to your and the other members’ personal income. As a member, or owner, of an LLC, you have limited liability protection. Therefore, your personal assets remain separate from your business assets, and you may not risk losing personal property such as your home or vehicle in the event your LLC faces lawsuits or must file for bankruptcy. Ultimately, you and the other members of your investment group must consider your current circumstances, as well as your future plans to choose the structure type most suited for your needs.

How landlords can deal with chronically noisy tenants

Everybody dreads living near a person who makes lots of noise at all hours of the day and night on a regular basis. When you live in an apartment, there seems to be no way to escape this individual’s blaring music, parties that last until the wee hours or boisterous kids and their friends. You like to think of your home as a peaceful oasis, but all too often, being there is a nerve-wracking experience. Tuning out all the sounds that grate on you is simply impossible. Griping about it all the time doesn’t help, either. If you are a landlord in California with a tenant like that, you know the frustration and even anger this person can cause for you and other, quieter tenants. In fact, according to the website The Balance Small Business,“ Noise is one of the most common complaints a landlord will get from tenants.” You need to find out what reasonable means are available to you for dealing with this person and resolving the issue. Noises tenants make that often result in complaints This is a partial list of objectionable noises that tenants make: Shouting Large indoor or outdoor social gatherings Not controlling a barking dog Having the TV turned up far too loud Children running overhead, shrieking or crying loudly What actions can a landlord take? Landlords have options, as well as a responsibility to look into the troublesome situation. Here are some tips on what you can do: Find out more from the tenant who is complaining about the noise. Get as many details as possible. Discuss the situation with other tenants to see if they have anything to add. Talk to the noisy tenant. Issuing a warning may be enough to quiet the person down. Having a clause about excessive or repeated noise in tenants’ leases is a good idea. If the tenant is in violation of the terms of their lease by continuing to make noise, they can be evicted. If you are a landlord facing this problem and you aren’t sure how to address it, get some legal advice.

How landlords can deal with chronically noisy tenants

Everybody dreads living near a person who makes lots of noise at all hours of the day and night on a regular basis. When you live in an apartment, there seems to be no way to escape this individual’s blaring music, parties that last until the wee hours or boisterous kids and their friends. You like to think of your home as a peaceful oasis, but all too often, being there is a nerve-wracking experience. Tuning out all the sounds that grate on you is simply impossible. Griping about it all the time doesn’t help, either. If you are a landlord in California with a tenant like that, you know the frustration and even anger this person can cause for you and other, quieter tenants. In fact, according to the website The Balance Small Business,“ Noise is one of the most common complaints a landlord will get from tenants.” You need to find out what reasonable means are available to you for dealing with this person and resolving the issue. Noises tenants make that often result in complaints This is a partial list of objectionable noises that tenants make: Shouting Large indoor or outdoor social gatherings Not controlling a barking dog Having the TV turned up far too loud Children running overhead, shrieking or crying loudly What actions can a landlord take? Landlords have options, as well as a responsibility to look into the troublesome situation. Here are some tips on what you can do: Find out more from the tenant who is complaining about the noise. Get as many details as possible. Discuss the situation with other tenants to see if they have anything to add. Talk to the noisy tenant. Issuing a warning may be enough to quiet the person down. Having a clause about excessive or repeated noise in tenants’ leases is a good idea. If the tenant is in violation of the terms of their lease by continuing to make noise, they can be evicted. If you are a landlord facing this problem and you aren’t sure how to address it, get some legal advice.

3 issues that can lead to business-destroying partnership disputes

A business partnership is one of the most important professional relationships you may ever have. Unfortunately, many business partnerships go the way of romantic relationships and terminate in acrimonious, sometimes traumatic breakups. Just like people don’t go into a marriage expecting to get divorced, people don’t start a business partnership with the expectation that they will have to dissolve the partnership. There are certain issues that you can try to avoid that might put unnecessary strain on your business partnership. Disagreements about the responsibilities of each partner Before either of you commit your time, money or other resources to a business, you need to have a written partnership contract. Your contract should outline what each of you will do or provide for the company. If you don’t actually discuss and spell out the responsibilities and expectations of each partner, you could easily clash over unmet expectations and the resulting sense of disappointment they create. The more thorough and honest you are while drafting a partnership agreement, the easier it will be for you to know what to expect and how to resolve conflicts in the future. One business partner engaging in fraud or breaching the contract One of the most common reasons for people to get into contentious partnership disputes relates to the behavior of business partners after they sign an agreement. When one business partner doesn’t fulfill their obligations, resentment can grow to a point where it impedes the relationship. It may also be possible that your business partner engages in some kind of fraud that affects you, the company or its customers. They may have lied to you about what they intended to contribute to the company or their employment history and skills. These actions could create serious legal risks. Failing to talk about the end of the partnership at the start If you only talk about the near future when discussing your business with your partner, you may eventually disagree about the necessary steps for your company. For example, if you intend to retire by the age of 65 and will want to have your partner buy you out or to sell the company at that point, it’s important to disclose that expectation early in the relationship. Otherwise, you could wind up battling each other and depleting your company’s assets. Partnership disputes can sometimes get resolved amicably. Other times, they may require the dissolution of the partnership or even the sale of the business. Planning ahead to avoid partnership disputes will protect the investment you make in your new company.

3 issues that can lead to business-destroying partnership disputes

A business partnership is one of the most important professional relationships you may ever have. Unfortunately, many business partnerships go the way of romantic relationships and terminate in acrimonious, sometimes traumatic breakups. Just like people don’t go into a marriage expecting to get divorced, people don’t start a business partnership with the expectation that they will have to dissolve the partnership. There are certain issues that you can try to avoid that might put unnecessary strain on your business partnership. Disagreements about the responsibilities of each partner Before either of you commit your time, money or other resources to a business, you need to have a written partnership contract. Your contract should outline what each of you will do or provide for the company. If you don’t actually discuss and spell out the responsibilities and expectations of each partner, you could easily clash over unmet expectations and the resulting sense of disappointment they create. The more thorough and honest you are while drafting a partnership agreement, the easier it will be for you to know what to expect and how to resolve conflicts in the future. One business partner engaging in fraud or breaching the contract One of the most common reasons for people to get into contentious partnership disputes relates to the behavior of business partners after they sign an agreement. When one business partner doesn’t fulfill their obligations, resentment can grow to a point where it impedes the relationship. It may also be possible that your business partner engages in some kind of fraud that affects you, the company or its customers. They may have lied to you about what they intended to contribute to the company or their employment history and skills. These actions could create serious legal risks. Failing to talk about the end of the partnership at the start If you only talk about the near future when discussing your business with your partner, you may eventually disagree about the necessary steps for your company. For example, if you intend to retire by the age of 65 and will want to have your partner buy you out or to sell the company at that point, it’s important to disclose that expectation early in the relationship. Otherwise, you could wind up battling each other and depleting your company’s assets. Partnership disputes can sometimes get resolved amicably. Other times, they may require the dissolution of the partnership or even the sale of the business. Planning ahead to avoid partnership disputes will protect the investment you make in your new company.

What to look for when investing in commercial real estate

When you make your living as a real estate developer, you soon learn to sniff out potential problems. Yet, if you are new to the game, there are plenty of pitfalls that could drain your finances and end your grand designs before you have started. Every industry has people willing to take advantage of others’ naivety, yet the stakes are much higher in real estate investment because of the considerable money involved. Proceeding with calm is crucial to making your way in the industry. Thorough research is vital before a real estate investment Here are a few things that could catch you out: Zoning laws: Understanding what you can and cannot do in a particular area is crucial. Remember zoning may change in the near future if other developers have their plans approved. For instance, you want to develop a piece of land for industrial use, yet if a rival developer gets the go-ahead for residential housing in a nearby area, the council may change the zoning laws to stop industrial use for several miles. Weather: You need to think far ahead if you want your investment to last. Consider how the area you intend to buy will fare in the increasingly hot and dry climate. Will it have water or be at risk of a forest fire? Planned projects that do not go ahead: The local government announces plans for 500 new houses. You see the opportunity for a set of shops to serve them. Yet, if the housing gets canceled, you will have no market for the land you bought. Plans you are not aware of: It is impossible to know all the ideas in people’s heads. Yet, the wider you cast your research net, the more likely you are to find out. It takes time and experience to do the research needed to ensure your first commercial real estate purchase does not become your last. Do not be afraid to ask for help.

What to look for when investing in commercial real estate

When you make your living as a real estate developer, you soon learn to sniff out potential problems. Yet, if you are new to the game, there are plenty of pitfalls that could drain your finances and end your grand designs before you have started. Every industry has people willing to take advantage of others’ naivety, yet the stakes are much higher in real estate investment because of the considerable money involved. Proceeding with calm is crucial to making your way in the industry. Thorough research is vital before a real estate investment Here are a few things that could catch you out: Zoning laws: Understanding what you can and cannot do in a particular area is crucial. Remember zoning may change in the near future if other developers have their plans approved. For instance, you want to develop a piece of land for industrial use, yet if a rival developer gets the go-ahead for residential housing in a nearby area, the council may change the zoning laws to stop industrial use for several miles. Weather: You need to think far ahead if you want your investment to last. Consider how the area you intend to buy will fare in the increasingly hot and dry climate. Will it have water or be at risk of a forest fire? Planned projects that do not go ahead: The local government announces plans for 500 new houses. You see the opportunity for a set of shops to serve them. Yet, if the housing gets canceled, you will have no market for the land you bought. Plans you are not aware of: It is impossible to know all the ideas in people’s heads. Yet, the wider you cast your research net, the more likely you are to find out. It takes time and experience to do the research needed to ensure your first commercial real estate purchase does not become your last. Do not be afraid to ask for help.

Building featuring commercial leases sold near Los Angeles

Three industrial warehouses were recently acquired in Colton, about an hour away from Los Angeles. The properties, which offer commercial leases, are adjacent and span more than 740,000 square feet. A real estate investment firm ended up buying the properties, which a large real estate investment trust owned. One of the three properties quickly ended up being leased to the company Mattress Firm.  Meanwhile, the other properties were recently in lease negotiations. Multiple competitive bids on the properties were received from top-quality prospective tenants. The reason these properties have been in such high demand is that they are prime rental spaces. In fact, rental prices in the region in which these buildings are located have increased more than 7 percent during the past year. The warehouses feature loading that is dock high, sprinkler systems and office space that is state of the art. In addition, the minimum clear heights at the properties range from a convenient 32 feet to 36 feet. The city of Colton is particularly desirable because it offers lower utility rates compared with surrounding areas. On top of that, the properties’ area is close to State Route 60, Interstate 10 and Interstate 215, thus offering easy access to other parts of the region. Purchasing properties that feature commercial leases can be exciting due to the revenue-generating potential that comes with such properties. However, completing a commercial real estate deal can also be tricky and often overwhelming. Fortunately, a savvy Los Angeles attorney can provide the direction needed to complete a commercial real estate deal confidently and successfully. Source: inlandempire.us, “ 743,000 Square-foot Industrial Sale in Colton California “, March 26, 2018

Building featuring commercial leases sold near Los Angeles

Three industrial warehouses were recently acquired in Colton, about an hour away from Los Angeles. The properties, which offer commercial leases, are adjacent and span more than 740,000 square feet. A real estate investment firm ended up buying the properties, which a large real estate investment trust owned. One of the three properties quickly ended up being leased to the company Mattress Firm.  Meanwhile, the other properties were recently in lease negotiations. Multiple competitive bids on the properties were received from top-quality prospective tenants. The reason these properties have been in such high demand is that they are prime rental spaces. In fact, rental prices in the region in which these buildings are located have increased more than 7 percent during the past year. The warehouses feature loading that is dock high, sprinkler systems and office space that is state of the art. In addition, the minimum clear heights at the properties range from a convenient 32 feet to 36 feet. The city of Colton is particularly desirable because it offers lower utility rates compared with surrounding areas. On top of that, the properties’ area is close to State Route 60, Interstate 10 and Interstate 215, thus offering easy access to other parts of the region. Purchasing properties that feature commercial leases can be exciting due to the revenue-generating potential that comes with such properties. However, completing a commercial real estate deal can also be tricky and often overwhelming. Fortunately, a savvy Los Angeles attorney can provide the direction needed to complete a commercial real estate deal confidently and successfully. Source: inlandempire.us, “ 743,000 Square-foot Industrial Sale in Colton California “, March 26, 2018

Tips may help with negotiating commercial leases correctly

A lease governs a tenant’s and landlord’s entire rental relationship. This includes what both sides’ duties are, the rent amount and what should happen if either side fails to comply with the terms of the lease. For this reason, understanding how leases work, especially commercial leases, is critical for aspiring tenants in Los Angeles. Business owners who operate retail establishments and are looking for commercial leases may benefit from insisting upon a type of provision that will prevent their landlords from renting any space near them to their competitors. They may also want to spell out any and all conditions under which they can break free from their leases, as well as what the notice requirements are. Furthermore, if a dispute arises, how will it end up being resolved? Detailing this in a commercial lease can be advantageous as well. Another important consideration when pursuing a commercial lease is ensuring that the lease agreement features spatial specifications. In other words, it may be helpful to have the lease spell out the amount of space being rented as well as what areas are included. After all, landlords’ measurements tend to be exaggerated. If would-be tenants end up finding discrepancies in the reported and the actual space amounts, this may be an invaluable bargaining tool. Negotiating a commercial lease is just another part of doing business, but that does not mean a business owner has to go about the process alone. A qualified real estate attorney in Los Angeles with knowledge of commercial leases can help the business owner to negotiate his or her lease effectively. The attorney’s goal is to ensure that the business owner’s rights are protected and promoted before he or he signs on the dotted line. Source: findlaw.com, “ Commercial Lease Negotiation Checklist “, Accessed on Feb. 6, 2018

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